News & Analysis as of

Patents Exclusive Jurisdiction

Hogan Lovells

CJEU: Cross-border relief based on Third State patents?

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On 5 September 2024, Attorney General (AG) Emiliou delivered a new Opinion in the BSH Hausgeräte/Electrolux case (C‑339/22) acting as an ‘addendum’ to his first Opinion in this case delivered on 22 February 2024. After the AG...more

McDonnell Boehnen Hulbert & Berghoff LLP

Amgen Files Reply Brief in Amgen v. Sanofi

Amgen recently filed its Reply brief to the Supreme Court in Amgen v. Sanofi.  While a conventional proportion of Amgen's Reply is directed to arguments Respondent Sanofi made in its brief, at trial, and before the Federal...more

McDermott Will & Emery

DC Circuit to Disputes Ancillary to Patent Matters: “You Can’t Sit with Us”

For the first time, the US Court of Appeals for the District of Columbia Circuit addressed whether appeals of discovery orders ancillary to a patent suit are within the exclusive jurisdiction of the US Court of Appeals for...more

Hogan Lovells

Three reasons why you should not overlook the Unitary Patent

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This latest publication in our UPC series takes you through three main advantages of the Unitary Patent system, compared to previous protection options: costs and simplicity, centralized proceedings, and benefits for future...more

Morrison & Foerster LLP - Federal Circuitry

Jurisdictional Ping-Pong Averted

We’ve previously written about Chandler v. Phoenix Services, L.L.C., an interesting case on the Federal Circuit’s exclusive appellate jurisdiction in patent cases. Earlier this week, the Fifth Circuit issued a decision...more

Hogan Lovells

Dutch Court of Appeal grants cross-border patent infringement injunction in the absence of a Dutch patent

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On 1 March 2022, the Court of Appeal of the Hague confirmed that a Dutch warehousing and distribution entity of a Chinese company infringed a patent relating to solar technology. The Court of Appeal grants a cross-border...more

McDermott Will & Emery

Change the Look of the Room: Appeal Transferred to Federal Circuit

The US Court of Appeals for the Second Circuit transferred an appeal of a preliminary injunction enjoining alleged copyright and trademark infringement to the US Court of Appeals for the Federal Circuit because the operative...more

Morrison & Foerster LLP - Federal Circuitry

Return to Sender: When Courts of Appeals Disagree on Which One Has Jurisdiction

What happens when two courts of appeal each think the other has exclusive jurisdiction over an appeal? Confusion and inter-circuit criticism. The latest chapter in such a dispute between the Federal and Fifth Circuits on the...more

Akin Gump Strauss Hauer & Feld LLP

Patent Owner Granted Leave in IPR to Seek Correction of Claims Held Indefinite in Parallel District Court Litigation

The Patent Trial and Appeal Board recently granted a patent owner’s request to seek a certificate of correction for certain claims of a patent undergoing an inter partes review (“IPR”). In granting the request, the board...more

Dorsey & Whitney LLP

The Supreme Court - April 20, 2020

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Today, the Supreme Court of the United States issued the following three opinions: Thryv, Inc. v. Click-To-Call Technologies, LP, No. 18-916: Patent challengers are able to ask the U.S. Patent and Trademark Office (“PTO”)...more

Knobbe Martens

No Appeal of PTAB’s Final Decision by Appealing a District Court’s Adoption of That Decision

Knobbe Martens on

PERSONAL AUDIO, LLC v. CBS CORPORATION - Before Moore, Reyna, and Taranto.  Appeal from the United States District Court for the Eastern District of Texas. Summary: The Federal Circuit has exclusive jurisdiction to hear...more

WilmerHale

Federal Circuit Patent Updates - September 2018

WilmerHale on

Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...more

Wilson Sonsini Goodrich & Rosati

Federal Circuit Hears Argument in CRISPR Patent Priority Dispute

Today, the U.S. Court of Appeals for the Federal Circuit heard argument in University of California v. Broad Institute on whether the Patent Trial and Appeal Board (PTAB) correctly held that both the University of California...more

Dechert LLP

The Impending Launch of the Unified Patent Court

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In a fundamental change to how European patents are going to be litigated in Europe, the United Patent Court (UPC) will soon have exclusive jurisdiction over European patent disputes and will be able to issue remedies that...more

Foley & Lardner LLP

Malpractice Cases Against Patent Lawyers Stay in State Court, as Supreme Court Continues to Refine Reach of Grable

Foley & Lardner LLP on

In the course of deciding that malpractice cases against patent lawyers belong in state courts (when there is no diversity of citizenship), the United States Supreme Court has issued an important ruling on the scope of...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Holds That Patent Legal Malpractice Claims Do Not “Arise Under” The Patent Laws and May Be Heard in State Court

On February 20, 2013, the Supreme Court issued a decision addressing the critical question of where plaintiffs can or must sue when their claims implicate patent law but are not traditional patent law claims. See Gunn v....more

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